18OVoluntary appearance of person under age of 16 years but of or over 10 years

18O Voluntary appearance of person under age of 16 years but of or over 10 years (1) A person who is under the age of 16 years but of or over the age of 10 years (a ***child witness***) may appear in an investigation by voluntary appearance. (2) Within a reasonable time before the voluntary appearance of a child witness, the Ombudsman must give the advice required under section 18N to— (a) the child witness; and (b) either— (i) a parent or guardian of the child witness; or (ii) an independent person if the Ombudsman— (A) is unable to advise a parent or guardian because the parent or the guardian is unable to be found or is unavailable; or (B) considers on reasonable grounds that to advise a parent or guardian would prejudice the conduct of the investigation or cause a risk to the safety of the child witness. (3) In addition, the Ombudsman must advise the child witness how the Ombudsman may use any information provided by the child witness during the appearance. (4) During the voluntary appearance by the child witness— (a) any answer given or any information, document or thing produced by the child witness; or (b) any evidence obtained as a direct or indirect consequence of an answer given or information, document or thing produced by the child witness— that might tend to incriminate the child witness or make the child witness liable to a penalty is not admissible in evidence against the child witness before any court or any person acting judicially. (5) For the purposes of this section, an ***independent person*** is— (a) a person nominated by, or who is acceptable to, the child witness; or (b) if no person has been nominated by, or is acceptable to, the child witness, a person chosen by the Ombudsman who— (i) is not involved in the subject matter of the investigation; and (ii) where practicable, is— (A) involved in the care or supervision of the child witness; and (B) of the same gender as the child witness or, if the child witness identifies as being of a particular gender, of that gender. S. 18P inserted by No. 2/2019 s. 163.